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07 March 2025 / Mary Young , Laurence Clarke
Issue: 8107 / Categories: Features , Dispute resolution
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To the best of your recollection

210371
How much reliance can be placed on a witness’s memory? Mary Young & Laurence Clarke consider the challenges of determining truth & credibility in evidence
  • Judicial commentary shows that judges are aware of the fundamental fallibility and unreliability of memory when considering evidence from witnesses.
  • CPR PD 57AC was introduced nearly four years ago and implemented a process of record-keeping to encourage compliance with the rules around preparation of trial witness statements.

Just as a witness’s accurate recollection can be pivotal to the success of a case, so too can issues to do with honesty of accounts and the fallibility of memory be detrimental to case outcomes. These are not only matters for a judge to consider, but are also important for litigators to be aware of when preparing witness statements, and which the most recent rule revisions have sought to address.

Memory & judicial commentary

Mr Justice Leggatt, as he then was, in Gestmin SGPS SA v Credit Suisse (UK) Ltd [2013] EWHC 3560 (Comm) made a number of observations on memory and recollection, which

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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